Study On Parking Controversy

With the stable, sustained growth of the national economy, the average per capita disposable income has reached a new high. Then the consumption of automoblie becomes available to common pepole. The urbanization results the automobile ownership snowballed in the cities. When people are nagged by the traffic jam during the journey, many parking controversies emerge as a result of the increasing ownership of automobile. This thesis attempts to explore the legal nature and liability of parking contracts according to the civil law, with the elaborate analysis of controversies which are due to the loss and the damage of the vehicle in the parking lot(s). First, this thesis touches upon the definition of parking and parking rights. By adopting the methodology of classificatory induction, it analyzes the legal nature of parking controversies and the relevant legal problems seriatim. Furthermore, it offers legislative proposals based on the combination of theories and practice.Chapter one introduces the definition of and classification of parking. After pointing out the differences between stopping and parking, it categorizes parking and defines the notion of parking rights and its relationship with those parking controversies as discussed in this thesis. The typological research necessitates the classification of parking, which in turn provides a basis for further research in this thesis. Having introduced the laws both at home and abroad, this chapter also analyzes the main causes for parking controversies and provides possible solutions.Chapter two discusses parking controversies in both custodial and leasehold contracts respectively. As the two types are authorized by domestic legal academia, custodial and leasehold contracts are vital to exploration of the legal problems of parking. After analyzing the characteristic of two types of parking, this chapter summarizes the standard of differentiating the two types and relevant liabilities.Chapter three addresses the issue of parking controversies in property management. With a relative stability, the legal relationship among the parking in property management includes two types of parking. One is about the proprietorship of the parking lot; the other is the usufruct of creditor's rights. So the parking lot in property management is different from other types of parking lots. Based on an analysis of the characteristic of parking in property management and the legislative experiences in different areas, this chapter educes the type of legal liability of parking involved in property rights.Chapter four discusses the controversies in the type of consumptive collateral free parking which are very common and actually causes parking controversies to happen fairly high. After referring to foreign laws and academic viewpoints, it analyzes the legal types of collateral free parking and puts forward the principles of handling such parking controversies. The last chapter of the thesis is on legislative proposal to solve the parking controversies. The main reason for parking controversies is the incompleteness of the relevant law. To solve that kind of controversy, this chapter advocates issuing a law or a principle on parking at the central legislative level. From the administrative law and the civil code, it mainly puts forward the legislative proposals on how to constitute a complete law on the layout of parking area and with the legislative addition of parking contract in contract law, so as to guarantee parking rights and solve systematically parking controversies.